Solicitor Charges twice the damages awarded

Even where the other party is ordered to pay your costs, you still are obliged to pay your solicitor, the solicitor should then make all reasonable efforts to recover those costs on your behalf.

What sort of case was it?
Was it a complete surprise that you only received a small amount?
Were you warned that this was a likely outcome?
Who was the "specific agreement" with?
Why would you settle for one third of the claim on that basis?
Were you trying to avoid the scenario whereby the solicitor got the cheque?
 
It may be awkward to post such details but any chance of a ballpark figure for the award and some idea of what work the solicitor did?

Have you formally complained about to the solicitor if you feel that this is unreasonable?

You could, as a last resort, complain to the Law Society if necessary?

Post crossed with Stifster's.
 
Tease this out. Were there difficulties with your case? Contributory negligence? Anything like that? If so and if your lawyer explained to you as follows:

1. You could win.
2. You could lose.
3. You have to pay the lawyer - in the end, its your case not theirs, you are the person employing them and you have to pay the fees.

It sounds as if you might have run a High Court action ( very expensive) but settled for Circuit Court sums. So, the costs of running the High Court action will not be covered by the Circuit Court Costs. And if the Defendant has no money, then it is going to be hard to recover your costs. If he cannot or will not pay them, then while you have an order for costs, that is very far removed from actually getting the hard cash.

"There was a specific agreement that the damages received would be paid directly to me or I would not have settled for almost one third of my claim."

If your legal advisors settled the case and specifically agreed costs with you and specifically agreed that the settlement cheque would go directly to you without deduction, you are on stronger ground.

mf
 
Try getting independent opinion with the full facts and if you are correct in your statements, chase the solicitor. No point in watching somebody put their hand in your pocket.
 
You must log in or register to reply here.
Back
Top